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Who must comply with Influencer + ad disclosure under ACL + AANA Code?

The applicability test for Influencer + ad disclosure under ACL + AANA Code (ACCC), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Only if

Applies only if you advertise to consumers or engage influencers. Whether it applies turns on a fact that no industry, structure or size settles on its own.

What the obligation is

Paid content must be clearly disclosed as advertising — #ad #spon are not enough on their own.

Misleading conduct under s 18 ACL + AANA Code 2 require clear, conspicuous + upfront disclosure of paid + commercial relationships. ACCC enforcement (e.g. Meta/Instagram cosmetics actions) treats hidden #ad disclosures as misleading. Per-platform guidance issued.

The applicability test

Applies only if you advertise to consumers or engage influencers. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Influencers, agencies, brands engaging influencers.

What triggers it: Paid or sponsored content.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (35 of 35: only if a further fact applies).

The answer is the same in every industry: only if a further fact applies. Industry does not change who must comply.

Business structure and size

Structure does not change the answer across all industries: for every structure the answer is "only if a further fact applies".

Size does not change the answer across all industries: at every size band the answer is "only if a further fact applies".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you advertise to consumers or engage influencers.

When you need to check further

The engine shows this obligation as "check whether this applies" when a business has consumer customers. It then applies only if you advertise to consumers or engage influencers. That fact is not something Rules Mate can infer from industry, structure or size.

What you must do, and when

When due
Continuous.
Frequency
Ongoing
Evidence to keep
Disclosure documentation; influencer contracts requiring disclosure compliance.
Status
Current
Priority
High

Penalty for not complying

Maximum penalty: Civil penalty regime under ACL ($100M / 30% turnover, from 28 March 2026)

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Obligations with the same applicability test

If this obligation applies to you, so does this one: the engine uses the same rule for each.

Where it sits in the corpus

Rules Mate tracks 7 published obligations tagged "marketing", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 1 of those apply outright. This obligation is rated high priority, and is an ongoing duty.

Regulator, legislation and tools

Regulated by Australian Competition and Consumer Commission.

ACCC: Competition and consumer regulator administering the Competition and Consumer Act 2010 and Australian Consumer Law, plus industry codes and infrastructure access regimes.

CCA: Australia's competition + consumer protection law.

Free tools that help with this obligation:

Questions

Who must comply with Influencer + ad disclosure under ACL + AANA Code?
Applies only if you advertise to consumers or engage influencers. Whether it applies turns on a fact that no industry, structure or size settles on its own.
Does Influencer + ad disclosure under ACL + AANA Code apply to sole traders?
Only if a further fact applies. Across every industry and every size band, the engine's answer for a sole trader is: only if a further fact applies.
Does Influencer + ad disclosure under ACL + AANA Code apply to businesses with 1–5 employees?
Only if a further fact applies (1–5 employees, turnover $100K–$1M).
When is "Influencer + ad disclosure under ACL + AANA Code" due?
Continuous.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.